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Full-Text Articles in Military, War, and Peace
The Use Of Force And (The State Of) Necessity, Andreas Laursen
The Use Of Force And (The State Of) Necessity, Andreas Laursen
Vanderbilt Journal of Transnational Law
At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …
Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat
Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat
Vanderbilt Journal of Transnational Law
I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe--in Switzerland-to keep them out of Hitler's clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of …
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Vanderbilt Journal of Transnational Law
Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
Vanderbilt Journal of Transnational Law
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …